Colorado Residency Statutes

23-7-101 Legislative Declaration

It is the intent of the general assembly that the state institutions of higher education shall apply uniform rules, as prescribed in this article and not otherwise, in determining whether students are classified as in-state students or out-of-state students for tuition purposes.

Classification of students as out-of-state and consequent imposition of higher tuition is not unconstitutional. It is not unconstitutional to classify students applying for admission to a university as in-state or out-of-state students, and to impose a higher tuition for the out-of-state students. Landwehr v. Regents of Univ. of Colo., 156 Colo. 1, 396 P.2d 451 (1964).

Applied in Seren v. Douglas, 30 Colo. App. 110, 489 P.2d 601 (1971).

23-7-102. Definitions

As used in this article, unless the context otherwise requires:

(1) Repealed.

(2) "Domicile" means a person's true, fixed, and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.

(3) "Emancipated minor" means a minor whose parents have entirely surrendered the right to the care, custody, and earnings of such minor, no longer are under any duty to support or maintain such minor, and have made no provision for the support of such minor.

(4) "His" applies to the female as well as the male sex.

(5) "In-state student" means a student who has been domiciled in Colorado for one year or more immediately preceding registration at any institution of higher education in Colorado for any term or session for which domiciliary classification is claimed, but attendance at an institution of higher education, public or private, within the state of Colorado shall not alone be sufficient to qualify for domicile in Colorado. "In-state student" includes a member of the armed forces of the United States or his dependents who qualify under section 23-7-103 (1) (c).

(6) "Institution" means a Colorado college, university, or junior college supported partially or entirely by appropriations made by the general assembly.

(7) "Minor" means a male or female person who has not attained the age of twenty-two years.

(8) "Parent-qualified student" means an unemancipated minor who is not domiciled in Colorado but who has a parent domiciled in Colorado.

(9) "Qualified person" means a person qualified to determine his or her own domicile. A person over the age of twenty-two years or a student commencing a postbaccalaureate degree-granting program or an emancipated minor is so qualified.

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 311, Session Laws of Colorado 1993.

ANNOTATION

Fundamental to the classification of "in-state student" is the establishment of a domicile as it is expressly defined in subsection (2). Seren v. Douglas, 30 Colo. App. 110, 489 P.2d 601 (1971).

Intent as to domicile is to be determined by trier of fact, absent legal disability. In the absence of a legal disability preventing a student admitted to the United States as an alien from forming the requisite intent to establish a domicile after the expiration of his student visa, it is within the province of the trier of act to determine whether the intent required by this section was present. Seren v. Douglas, 30 Colo. App. 110, 489 P.2d 601 (1971).

Although the federal statutes create a disability during the period that a student is a nonimmigrant alien, no state or federal statute compels the conclusion that this impediment remains until he is granted the status of lawful permanent resident. Seren v. Douglas, 30 Colo. App. 110, 489 P.2d 601 (1971).

The legal disability created by federal statute can, as a matter of fact and law, dissolve upon the expiration of an alien student's visa, and at such time he can abandon his legal intent to return to his homeland and seek status as a permanent resident of the United States. Seren v. Douglas, 30 Colo. App. 110, 489 P.2d 601 (1971).

Where there was evidence to the effect that an alien student intended to reside permanently in Colorado, and where he did in fact reside in Colorado, the trial court did not err in finding that he met the requirements for the establishment of a "domicile" as expressly defined by subsection (2); and where the trial court additionally found that plaintiff had been domiciled in Colorado for more than one year prior to his application for resident tuition status, its conclusion that the student was entitled to classification as an "in-state student" for tuition purposes under subsection (5) was also proper. Seren v. Douglas, 30 Colo. App. 110, 489 P.2d 601 (1971).

23-7-103. Presumptions and rules for determination of status

(1) Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that:

(a) The domicile of an unemancipated minor is that of the parent with whom he or she resides or, if there is a guardian of his or her person, that of such guardian, but only if the court appointing such guardian (who has legal custody of the minor child as defined in section 19-1-103 (73), C.R.S.) certifies that the primary purpose of such appointment is not to qualify such unemancipated minor as a resident of this state and that his or her parents, if living, do not provide substantial support to the minor child;

(b) Repealed.

(c) (I) (A) A person does not lose in-state status by reason of his or her presence in any state or country while a member of the armed forces of the United States or a dependent of said member; but a member of the armed forces or a dependent of said member is eligible for in-state status if the member is domiciled in Colorado for twelve continuous months prior to enlistment and returns to Colorado within six months following discharge from the military.

(B) A member of the armed forces shall be eligible to obtain in-state status, notwithstanding the length of his or her residency, upon moving to Colorado on a permanent change-of-station basis or on a temporary assignment to duty in Colorado.

(C) A dependent of a member of the armed forces is eligible for in-state tuition classification when the member moves to Colorado on a permanent change-of-station basis, regardless of the length of the member's or dependent's residency in Colorado. After qualifying as an in-state student, a member of the armed forces of the United States on active duty, or the member's dependent, shall not lose his or her eligibility for in-state tuition status if the member retires or separates from the military. As used in this sub-subparagraph (C), "dependent" means a spouse of a member of the armed services who was the member's spouse at the time that the member was stationed in Colorado and at the time the spouse is requesting in-state tuition classification and any child under twenty-three years of age born to or legally adopted by the member of the armed forces who enrolls in a public institution of higher education within twelve years after the member was stationed in Colorado.

(D) Nothing in this subparagraph (I) shall be interpreted to deny a person in-state tuition classification after that person is found eligible for such classification nor to deny in-state tuition classification to any person who is eligible for such classification under any other provision of law.

(II) Notwithstanding any provision of section 23-18-102 (5) to the contrary, a member of the armed forces or his or her dependent who obtains in-state status upon moving to Colorado on a temporary assignment to duty in Colorado shall not be eligible to receive a stipend pursuant to part 2 of article 18 of this title unless said member or dependent is eligible to obtain in-state status under another provision of this section.

(III) Repealed.

(d) The establishment of a new domicile in Colorado by a qualified person formerly domiciled in another state has occurred if he is physically present in Colorado without a present intention to return to such other state or to acquire a domicile at some other place outside of Colorado;

(e) Once established, a domicile has not been lost by mere absence unaccompanied by intention to establish a new domicile;

(f) The establishment of a Colorado domicile for twelve continuous months in accordance with the provisions of this article by the parent of a parent-qualified student entitles the student to in-state tuition rates;

(g) A minor is unemancipated.

(2) To aid the institutions in deciding whether a student, a parent or guardian of the student, or the person who provides substantial support to the student is domiciled in Colorado, the following rules shall be applied:

(a) Payment of Colorado income tax is highly persuasive evidence of domicile in Colorado. If spouses file income tax returns in different states, the income tax paid to each state may be considered in determining whether domicile in Colorado is proper.

(b) Nonpayment of Colorado income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Colorado domicile.

(c) After a student has registered at an institution, his classification for tuition purposes remains unchanged in the absence of clear and convincing evidence to the contrary. Such evidence shall be reduced to writing and filed with the registering authority of the college. Changes in classification established by such evidence, whether from out-of-state to in-state or the reverse, shall be in writing, signed by the registering authority of the college, and given effect at the time of the student's next registration.

(d) A qualified person cannot establish a new domicile in Colorado if he lacks the intention of so doing.

(e) No person may establish a domicile in Colorado solely for the purpose of changing a student's classification for tuition purposes from out-of-state to in-state. Any student who is classified for tuition purposes as an out-of-state student at the time of registration at an institution and who personally or through his parent, his guardian, or the person who provides substantial support to him seeks to establish Colorado domicile while registered shall be presumed to seek to establish Colorado domicile solely for tuition purposes in the absence of clear and convincing evidence to the contrary.

(f) The following may be considered evidence of domicile even though no one of these criteria, if taken alone, may be considered as conclusive evidence of domicile:

(I) Employment in Colorado, other than that normally provided on a temporary basis to students by an institution of higher education or other temporary employment;

(II) Ownership of residential real property in Colorado;

(III) Graduation from a high school located in Colorado;

(IV) Continued residence in the state of Colorado during periods when not enrolled as a student or during periods between academic sessions;

(V) Acceptance of future employment in the state of Colorado;

(VI) Vehicle registration in Colorado;

(VII) Any other factor peculiar to the individual which tends to establish the necessary intent to make Colorado a permanent home;

(VIII) Voter registration in Colorado.

(g) The following may be considered as evidence of domicile in another state even though no one of these criteria, if taken alone, may be considered as conclusive evidence of domicile in another state:

(I) Failure to comply with any law imposing a mandatory duty upon a domiciliary or resident of this state;

(II) Maintenance of a home in another state;

(III) Prolonged absence from Colorado, except in military or governmental service or except when the absence is due to a temporary relocation required as a condition of employment which the employer does not intend to make permanent or except when the student has been out of state for less than three years and such student's parent or legal guardian was and continues to be a resident of Colorado;

(IV) Return to one's former residence for a substantial portion of the time during periods when not enrolled as a student or between academic sessions;

(V) Vehicle registration in another state;

(VI) Any other factor peculiar to the individual which tends to establish the fact that his permanent home is in another state.

(h) The following may be considered as evidence of emancipation for the purposes of this article even though no one of these criteria, if taken alone, may be considered as conclusive evidence of emancipation:

(I) An affidavit of the parents stating their relinquishment of any claim or right to the care, custody, and earnings of the minor as well as the duty to support the minor;

(II) Entry into the military service by the minor;

(III) Failure of the parents to provide financial support to the minor, coupled with the evidence that the minor is independently able to meet his own financial obligations, including the costs of his education;

(IV) Any other factor peculiar to the individual which tends to establish that he is independent of his parents and is providing his own support.

(i) The following may be considered as evidence of nonemancipation for the purpose of this article even though no one of these criteria, if taken alone, may be considered as conclusive evidence of nonemancipation:

(I) The claiming of a minor as a dependent for the purposes of income taxation;

(II) Receipt of gifts, loans, or trust proceeds from an inter vivos trust by a minor regardless of the date of receipt thereof which the minor depends upon for financial support, whether the gifts, loans, or trusts from which proceeds are paid are made by the parents, any other relative, or a friend of the minor;

(III) Residence in the home of his parents by the minor, except for temporary visits;

(IV) Any other factor peculiar to the individual which tends to establish that he lacks independence and is dependent upon his parents.

(j) The marriage of a minor results in his emancipation.

(k) The establishment of a Colorado domicile shall be the burden of the person seeking to establish domicile. The registering authority of any state institution of higher education shall require the individual seeking to establish domicile to support his claim by clear and convincing evidence of the validity of the claim. The registering authority may require the individual seeking to establish domicile to complete forms prepared by the Colorado commission on higher education for the purpose of aiding him in his determination and to provide such documentation as may be required to support the classification.

(l) Only a qualified person can establish a domicile.

(m) (I) Any person who himself or, if an unemancipated minor, through his parent or legal guardian has had an established domicile in this state for not less than one year shall not be considered to have lost such domicile for tuition purposes unless such person would be classified as an in-state student for tuition purposes in another state if the rules and presumptions in this section for classification as an in-state student were applied in such other state to such person.

(II) Any unemancipated minor whose parent or legal guardian was domiciled in Colorado for at least the four immediately preceding years and whose parent or legal guardian moves from this state shall be classified as an in-state student if:

(A) The parent or legal guardian leaves the state after the minor completes his or her junior year of high school and the minor matriculates at a Colorado institution within three years and six months after the time the parent or legal guardian leaves the state; or

(B) Notwithstanding his or her unemancipated status, the minor maintains continuous Colorado domicile subject to all other provisions of this section.

(n) Participation in an education expense program shall not be considered evidence of domicile in this state or in another state.

(o) A foreign national, notwithstanding an intention to return to his or her country of origin or ineligibility to establish domicile in the United States pursuant to federal law, shall be eligible for classification as an in-state student subject to all other provisions of this section if the primary purpose of the foreign national's residence in Colorado, pursuant to federal immigration regulations, is other than for his or her education or for the education of a family member. The Colorado commission on higher education shall designate those nonimmigrant classifications under which such foreign nationals may qualify as in-state students. In no event shall said designation displace students who would otherwise qualify as Colorado residents for in-state tuition classification purposes.

(2.5) Repealed.

(3) An unemancipated minor qualifies for a change in his or her classification to in-state student for tuition purposes only if either of his or her parents, regardless of custody or parental responsibilities, or his or her legal guardian has completed the requirements for establishing a Colorado domicile. Eligibility for classification as an in-state student for tuition purposes shall be lost if both of his parents, regardless of custody or parental responsibilities, or his or her legal guardian has lost eligibility. An emancipated minor or adult who has registered as a student does not qualify for a change in his or her classification to in-state student for tuition purposes unless he or she has established and maintained a domicile for twelve continuous months in this state.

(4) Repealed.

(5) The presumptions and rules in this section shall determine tuition classification except when exceptions are made by the general assembly in other sections of this article.

(2) For the short title of the act amending subsection (1)(c)(I)(C), see section 1 of chapter 382, Session Laws of Colorado 2009.

ANNOTATION

Former sentence in subsection (3) which began with the words, "An emancipated minor or adult student..." was unconstitutional as imposing an invidious discrimination, but was severable from the remainder of the statute which was legally complete within itself. Covell v. Douglas, 179 Colo. 443, 501 P.2d 1047 (1972), cert. denied, 412 U.S. 952, 93 S. Ct. 3000, 37 L. Ed. 2d 1006 (1973) (decided prior to 1979 amendment).

Because it created an irrebuttable presumption of nonresidency which constituted invidious discrimination. Since, under that provision, all full-time students, not residents of Colorado before they attend school herein, were prohibited from ever controverting the presumption of nonresidency for tuition purposes while they remain full-time students, such provision imposed an invidious discrimination violative of due process and was unconstitutional. Covell v. Douglas, 179 Colo. 443, 501 P.2d 1047 (1972), cert. denied, 412 U.S. 952, 93 S. Ct. 3000, 37 L. Ed. 2d 1006 (1973) (decided prior to 1979 amendment).

23-7-105. Tuition classification of olympic athletes

(1) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, every athlete who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the athlete is:

(a) In residence and in training at the United States olympic training center at Colorado Springs;

(b) In residence in Colorado Springs and in training at the olympic training center at Colorado Springs in a program approved by the governing body for the athlete's olympic sport; or

(c) In residence in Colorado Springs and in training at a facility in Colorado Springs approved by the governing body for the athlete's olympic sport and in a program approved by such body.

(2) If a student is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that no such student shall be entitled to receive state financial aid.

(3) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section.

23-7-106. Tuition classification of Canadian military personnel

(1) Notwithstanding any other provisions of this article to the contrary, any member of the military forces of Canada stationed in Colorado, or the dependent of any such member, shall receive in-state tuition status at any institution of higher education in this state. No member of the Canadian military shall be deemed to be stationed in this state unless he maintains a full-time principal residence in this state. In-state tuition status for Canadian military personnel or their dependents shall terminate at the conclusion of the current quarter or semester upon transfer to any station outside of this state.

(2) No student classified as an in-state student pursuant to this section shall be counted as a resident student for any purpose other than tuition classification.

(3) The Colorado commission on higher education shall report annually, with their budget request, on the enrollment of Canadian military personnel in Colorado institutions of higher education.

Source: L. 89: Entire section added, p. 981, § 1, effective June 6.

23-7-108. Tuition classification of Colorado National Guard personnel

(1) Notwithstanding any provision of this article to the contrary, a member of the Colorado National Guard who maintains his or her sole residence in Colorado, or the dependent of said member of the Colorado National Guard, shall receive in-state tuition status at any institution of higher education in this state. Said member of the Colorado National Guard shall receive in-state tuition status regardless of whether he or she is eligible for or is receiving tuition assistance pursuant to section 23-5-111.4.

(2) A student who is classified as an in-state student solely pursuant to this section shall not be counted as a resident for any purpose other than tuition classification.

Editor's note: The repeal of subsection (3) was contained in a 2008 act that was passed without a safety clause. For further explanation concerning the effective date, see page ix of this volume.

23-7-108.5. Tuition classification of armed forces veterans

(1) (a) Notwithstanding any provision of this article to the contrary, beginning with the fall semester of the 2009-2010 academic year, the governing board of each state institution of higher education in Colorado shall adopt a policy that grants in-state tuition status to an honorably discharged member of the armed forces of the United States who enrolls in said state institution of higher education and who meets, for any length of time, the presumptions and rules for maintaining a domicile in Colorado described in section 23-7-103.

(b) Notwithstanding any provision of this article to the contrary, beginning with the fall semester of the 2009-2010 academic year, the governing board of each state institution of higher education in Colorado may adopt a policy that grants in-state tuition status to a dependent of an honorably discharged member of the armed forces of the United States who enrolls in said state institution of higher education if the said honorably discharged member of the armed forces meets, for any length of time, the presumptions and rules for maintaining a domicile in Colorado described in section 23-7-103.

(2) A student who is classified as an in-state student solely pursuant to this section shall not be counted as a resident for any purpose other than tuition classification; except that, beginning with the fall semester of the 2011-2012 academic year, upon such classification as an in-state student pursuant to this section, the student shall also be eligible to receive a stipend from the college opportunity fund pursuant to part 2 of article 18 of this title.

23-7-108.6

Tuition classification for veterans pursuant to federal law

(1) Notwithstanding any provision of this article to the contrary, beginning with any courses enrolled as of July 1, 2015, the governing board of each state institution of higher education shall adopt a policy granting in-state tuition status to "covered individuals", as defined in section 702 of the "Veterans Access, Choice, and Accountability Act of 2014", 38 U.S.C. sec. 3679, as may be amended, and as determined by the United States department of veterans affairs.

(2) A covered individual must be classified as an in-state student for tuition purposes if: (a) The covered individual resides in Colorado while enrolled in the institution, regardless of the length of time the covered individual resided in Colorado prior to enrolling in the institution; and (b) The covered individual enrolls in courses with educational assistance benefits pursuant to chapter 30 or 33 of U.S.C. title 38.

(3) Notwithstanding the provisions of subsection (2) of this section to the contrary, a student who qualified as a covered individual and who has exhausted his or her educational assistance benefits pursuant to chapter 30 or 33 of U.S.C. title 38 must continue to be classified as an in-state student for tuition purposes so long as the student continues to reside in Colorado and remains continuously enrolled in the same institution.

(4) Beginning July 1, 2015, upon classification pursuant to this section, the covered individual is also eligible to receive a stipend from the college opportunity fund pursuant to part 2 of article 18 of this title.

(5) A covered individual that is classified as an in-state student solely pursuant to this section shall not be counted as a resident student for any other purpose other than tuition classification.

23-7-109. Tuition classification for employees or employees' children of companies who move to Colorado

(1) (a) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, a student who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the student or the student's parent or legal guardian moved to Colorado in the twelve months preceding enrollment as a result of the student's employer or the employer of the student's parent or legal guardian moving all or a portion of its operations to Colorado as a result of receiving an incentive from the Colorado office of economic development, created in section 24-48.5-101, C.R.S., or an incentive from a local government economic incentive program. Each state-supported institution of higher education shall develop a policy to use to verify that the student's employer or the employer of the student's parent or legal guardian did, in fact, move all or a portion of its operations to Colorado as a result of receiving an incentive from the Colorado office of economic development or a local government economic incentive program and that the student or the student's parent or legal guardian was employed by the employer prior to the relocation.

(b) Notwithstanding any other provision of this article to the contrary, but subject to subsections (2) and (3) of this section, a student who otherwise would not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at any state-supported institution of higher education if the student moved to the state of Colorado in the twelve months preceding enrollment as a result of the student's parent or legal guardian moving to Colorado to take a faculty position at a state-supported institution of higher education. Each state-supported institution of higher education shall develop a policy to use to verify that the student's parent or legal guardian moved to Colorado to take a faculty position at a state-supported institution of higher education.

(2) If a student is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that the student shall not be entitled to receive state financial aid.

(3) The governing board of each state-supported institution of higher education may grant in-state tuition status to students classified pursuant to this section.

Cross references: For the legislative declaration contained in the 2007 act enacting this section, see section 1 of chapter 402, Session Laws of Colorado 2007.

23-7-110. Tuition Classification of Students Who Complete High School in Colorado.

(1) Notwithstanding any other provision of this article to the contrary, a student, other than a nonimmigrant alien, shall be classified as an in-state student for tuition purposes if:

(a) The student attended a public or private high school in Colorado for at least three years immediately preceding the date The student either graduated from a Colorado high school or completed a General Equivalency Diploma in Colorado; AND

(b) Except as provided in subsection (3) of this section, within twelve months after graduating or completing a general equivalency diploma in Colorado, the student is admitted to a Colorado institution or attends an institution of higher education under a reciprocity agreement pursuant to section 23-1-112.

(2) (a) In addition to satisfying the requirements set forth in subsection (1) of this section, a student seeking tuition classification as an in-state student pursuant to this section who does not have lawful immigration status must submit an affidavit to the institution to which the student is admitted, stating that the student has applied for lawful presence or will apply as soon as he or she is eligible to do so.

(b) The institution shall not count a student described in paragraph (a) of this subsection (2) as a resident for any purpose other than tuition classification; except that the student is eligible for the College Opportunity Fund program pursuant to the provisions of part 2 of article 18 of this title, upon confirmation of the student's uniquely identifying student number provided by the local education provider where the student graduated from high school or completed his or her general equivalency diploma, and may be eligible for institutional or other private financial aid programs.

(3) A student who satisfies the requirements of paragraph (a) of subjection (1) of this section, who is subject to the provisions of paragraph (a) of subsection (2) of this section, and who graduated or completed his or her general equivalency diploma prior to September 1, 2013, but was not admitted to an institution within twelve months after graduating or completing the General Equivalency Diploma, shall be classified as an in-state student for tuition purposes so long as the student has been physically present in Colorado on a continuous basis for at least eighteen months prior to enrolling in the institution.

(4) Any information provided to satisfy the criteria specified in this section shall be confidential unless disclosure is explicitly required by law. An institution that receives an affidavit described in subsection (2) of this section shall treat the affidavit as an education record of the student under the provisions of the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. Sec. 1232g.

(5) This section provides an additional option for a student seeking classification as an in-state student for tuition purposes. This section shall not be interpreted to impose additional requirements upon a student seeking classification as an in-state student under any other section of this article.

23-7-111. Tuition classification for persons who move to Colorado for employment.

(1) (a) Notwithstanding any other provision of this article to the contrary, and subject to the provisions of subsections (2) to (4) of this section, a child who is a legal resident of the United States and who would otherwise not be classified as an in-state student for tuition purposes under this article may be classified as an in-state student for purposes of tuition at an institution if:

(I) The child's parent or legal guardian moved his or her family to Colorado for the purpose of accepting a job in the state during the child's senior year of high school;

(II) The child moved with his or her parent or legal guardian to Colorado during the child's senior year of high school; and

(III) The child graduated from a Colorado public high school.

(b) Each institution shall develop a policy to verify that a child meets each of the requirements specified in paragraph (a) of this subsection (1).

(2) If a child is classified as an in-state student pursuant to this section, he or she may be counted as a resident student for any purpose; except that the child shall not be entitled to receive state financial aid.

(3) The governing board of each institution may grant in-state tuition status to a child classified as an in-state student pursuant to this section.

(4) If a child is classified as an in-state student pursuant to this section, the child shall not be entitled to receive a stipend pursuant to article 18 of this title for the first year the child is enrolled at an institution.